Kim Carr (Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science) Share this | Link to this | Hansard source

My question is to the Assistant Minister for Immigration and Border Protection, Senator Cash. Minister, how many Sri Lankan asylum seekers have been returned to Sri Lankan authorities via sea transfer and tow-backs in the past month? Will the government cease any remaining transfers to Sri Lanka as a result of the interim injunction issued by the High Court?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I thank Senator Carr for his question. Senator Carr would know that the matter is before the High Court and, as such, it would be improper for me to comment. The government is awaiting a decision. In relation to Senator Carr's question about the return of asylum seekers to Sri Lanka, I have before me something those on the other side might be interested in. In fact, I am happy to have leave given, Senator Dastyari, for me to table these press releases. They are of course press releases that were issued by the previous government every single time they returned a group of asylum seekers to Sri Lanka. For example, on Saturday, 22 September 2012:

Group of boat arrivals returned to Sri Lanka

The Minister for Immigration and Citizenship, Chris Bowen MP, today announced that a group of 16 Sri Lankan men—part of the post-13 August caseload affected by new regional processing arrangements—are returning—

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Mr President, I rise on a point of order on direct relevance. The particular question was about how many Sri Lankan asylum seekers had been returned to Sri Lanka in the past month. We acknowledge that the issues raised by the minister provide an interesting background, but in terms of direct relevance to our question I would ask you to request the minister to return to the question.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Cash is one minute into her answer. She is addressing the question and she has one minute left. Senator Cash, I do remind you of the question. You have the call.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I have to say, it is always astounding: the hypocrisy from the other side. When they returned asylum seekers to Sri Lanka, that was okay, but, when this government allegedly or does return asylum seekers to Sri Lanka, apparently that is bad. Senator Carr, your hypocrisy is astounding.

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

I was on my feet before the minister had completed her question. However, I would like to make a point of order in terms of relevance. The particular question which I raised before was a specific question about numbers, but it also refers to return where there was an injunction issued by the High Court. I do not believe that was addressed at all by the minister in her response.

Stephen Parry (President) Share this | Link to this | Hansard source

The minister has concluded her answer.

Kim Carr (Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I ask a direct question, a straight question, of the minister and I expect a straight answer. Have asylum claims of people aboard any vessel at sea been assessed via teleconference? If so, how many and when?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

Again, you have got to love the hypocrisy—'and I expect a direct answer'. Senator Carr, in relation to your question, I believe that you are referring to the enhanced screening process. I advise the Senate that the process that we have followed in relation to enhanced screening is the same process that was practised by the previous government. Again, I refer the Senate to statements made—

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Mr President, I rise on a point of order, again going to direct relevance. The specific question referred to assessment by teleconference. Could the minister just confirm in her answer the issue around teleconference?

Stephen Parry (President) Share this | Link to this | Hansard source

I was listening to the minister's answer, Senator Moore, and she referred to enhanced processing. The minister still has half of her question left to answer. She was moving towards the answer and I believe she is being directly relevant.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

We're not optimists like you.

Stephen Parry (President) Share this | Link to this | Hansard source

I am ruling on this. The minister has been directly relevant and she was explaining the position. Minister, you have the call.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I was referring to comments by a former minister for immigration, Mr O'Connor, in 2013.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I rise on a point of order. The question is very simple: have asylum claims of people aboard any vessels at sea been assessed via teleconference? That is the question. The standing orders require that a minister be directly relevant to the question. I would ask you to ask the minister to address the question.

Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Link to this | Hansard source

On the point of order, clearly 'enhanced processing' may well include teleconferencing. To play these word games—

Senator Wong interjecting—

It is amazing how Senator Wong demands silence when she makes a point of order, yet when I am on my feet she is—

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Wong, you were heard in complete silence and I think Senator Abetz deserves that same courtesy. Minister, I believe you have not concluded your answer.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

Unfortunately it does go to the other side's complete lack of knowledge in relation to particular processes that they themselves had in place when they were in government, which also might explain the reason that we are in the state today that we are in, with over 50,000 people coming here illegally by boat. As I was saying, though, in relation to former Minister O'Connor, he stated— (Time expired)

Kim Carr (Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. How have the actions of the Australian government been consistent with Australia's obligations under the 1951 refugee convention, including the principle of non-refoulement?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

Again, I have to say: the hypocrisy in relation to the question is, quite frankly, astounding. I can advise the Senate that at all times this government believes it is acting in accordance with our international obligations and our obligations regarding safety at sea. I can also advise the Senate that the assurances that we have received from the Sri Lankan government are the same assurances as were given to the former government.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, firstly, congratulations on your new position. My question is to the Minister representing the Prime Minister, Senator Abetz. My question is in relation to the 41 asylum seekers who have been forcibly removed to Sri Lanka, with 153 still remaining unaccounted for. Minister, after only a five-minute interview and knowing that asylum seekers will face an imminent jail sentence upon their return, what assurances does the government have that these people will remain safe from ongoing torture and persecution?

Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Link to this | Hansard source

There are two issues here that do require a degree of circumspection. One is that we still have an operational matter underway, which would be unwise to comment on. Secondly, these matters are currently being canvassed in the High Court and therefore it would be inappropriate to canvass the matter any further in this particular forum.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I just point out that there is obviously the matter of 41 asylum seekers who have been returned, and that is not a matter before the High Court. Given the Prime Minister's comments that screening of these asylum seekers on the sea was in line with Australia's international obligations, despite what the United Nations says, when will the government release their legal advice supporting the Prime Minister's comments?

Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Link to this | Hansard source

It has been a long-agreed process of this parliament both in the House of Representatives and in the Senate that legal advice to government in general terms is not released. Also, in the middle of a matter being determined by the High Court, it would be highly inappropriate for legal advice to be canvassed elsewhere other than in the High Court. In relation to some of the assertions being made about Sri Lanka, it is my understanding that when people are returned to Sri Lanka the police interview them. It is an offence to leave Sri Lanka illegally, but that is a process that is dealt with under Sri Lankan law and in full accordance with Sri Lankan law in a public fashion. 'I do not believe that people are jailed indefinitely on return.' Do you know who said all those words? It was former Minister Bowen—not my words but Labor's minister. (Time expired)

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. On 26 June, the Minister for Immigration, Scott Morrison, proudly boasted when he told parliament: 'Stopping the boats is just the start for this government. We are just warming up.' Is the return of asylum seekers back to their persecutors what the government has been warming up for or are we to expect even more cruelty from this government?

Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Link to this | Hansard source

In stopping the boats, we as a government are warming up to take our full complement of refugees in an orderly fashion from the refugee camps around the world. As someone who has visited some of these camps in relatively recent times, I can assure you that they ask me the question: why is it that the then government allowed all these queue jumpers to come in when we have been waiting patiently for over 12 years, sometimes 15 years, for placement and they allowed queue jumpers who paid criminals to jump the queue? I see no sense of social justice whatsoever in giving priority to those who bypass safe haven after safe haven after safe haven and then pay a criminal to get them to the front of the queue. I would prefer to look after those who neither have the moral compass nor the financial capacity to queue jump. (Time expired)